A woman who claims a Jackson, Miss., police car injured her when it collided with the vehicle she was in won a critical victory in her lawsuit, as a Hinds County judge has agreed to give permission for the lawsuit.

26-year-old Joi Fitzgerald’s complaint against the city of Jackson alleges that Officer Fredrick Suttles ran a red light at the intersection of Country Club and Northside drives on May 19, 2007. Suttles’ car crashed into Cedric Matlock’s car, in which Fitzgerald was a passenger.

Fitzgerald said the accident caused her long-term injuries in her neck, right leg, foot, hand and knee. The procedures to treat these injuries have left her with more than $16,000 in medical bills. In recompense, she is seeking $166,000 in damages as well as an unspecified amount in lost wages.

Jackson city attorneys attempted to have the lawsuit dismissed on several grounds. The first was that Fitzgerald did not completely pursue other avenues to receive damages before resorting to a lawsuit, while the second argument was that Suttles’ actions did not meet the standard for reckless disregard on which the suit is founded. The suit must prove Suttles acted without regard to the safety of someone not engaged in criminal activity according to Mississippi state law.

In ignoring the claims for dismissal, Judge Harrison commented that while Fitzgerald and Suttles had given conflicting reports as to whom had the right of way, both had indicated that Suttles was traveling without his lights on despite responding to a robbery call at the time of the accident.

There is a certain amount of precedent for this sort of case in Jackson. In 2005, a Jackson officer was found to have recklessly disregarded the safety of nonoffenders when he struck and killed Desmonde Harris.

No date has been set in the trial at this time.

On April 19, a jury decided in favor of Ford Motor Co. in a lawsuit filed against the company for alleged defects in its SUVs. The plaintiffs had claimed that these defects in the particular model of SUV directly contributed to the injuries an 11-year-old girl received during a rollover accident near Lancaster, CA. The 2006 accident left the child a quadriplegic.

The jury held deliberation for six hours between Thursday and Monday before announcing its decision. The jury rejected the claims of David and Alicia Vela Cambron. The Cambrons had filed the suit on behalf of their daughter, Priscilla Cambron.

The accident occurred around 5 p.m. on February 23, 2006. Alicia Cambron was traveling east when she swerved in an attempt to avoid a collision that crossed the centerline of the road. She initially swerved to the right, then attempted to get back onto the road. The SUV rolled, crushing the roof and severing Priscilla's spinal cord. It is important to note that Priscilla, as most safety advocates recommend for young children, was properly secured in the back seat of the car.

Defense attorney Bradley W. Peterson described the crash as a tragic accident, but insisted on his client's innocence in the matter. He says he is “very pleased” with the verdict. The Ford defense team maintained that it was the actions and errors made by Priscilla's mother that caused the crash, and that no flaw in the 2002 Explorer SUV had anything to do with the wreck.

Ian Herzog, the attorney who represented the Cambrons, informed the jury that both the accident and attendant injuries could have been averted if Ford's Electronic Stability Control System had been installed on the vehicle. Additionally, the vehicle could have been designed with a wider axle track and lower center of gravity to impart greater stability.

Ford attorneys stressed that Alicia Cambron should have reacted differently, maintaining her presence in the right and slowing down instead of trying to get back onto the road.

The Philadelphia police have charged a Temple University student in a hit and run impact that injured a pedestrian this past Sunday.

Nicholas Hasselback of Ephrata, Pa., was charged with leaving the scene of an accident involving injury. Further charges included aggravated assault, simple assault and recklessly endangering another person. The charges were filed this Wednesday. The assault and endangerment charges are serious enough, and driving away simply compounds the seriousness of the crime.

The charges allege that Hasselback was driving in the 2200 block of Benjamin Franklin Parkway at about 2:30 a.m. on Sunday when his car struck fellow Temple University student Tony Foltz, 25. Foltz was hit in the right arm and leg and suffered a skull fracture, the Philadelphia Daily News reported. He was in critical condition Thursday at Hahnemann University Hospital, a hospital spokeswoman said.

In Pennsylvania, a hit-and-run case carries a mandatory minimum sentence. Violators can expect to serve at minimum 90 days in prison and pay a $1,000 fine. These are regardless of any other provision of law. Three months is a long time for anyone, and particularly for a student at university. One thousand dollars is a substantial bit of money as well, especially considering it will come before any liability arrangements that may be made considering the victim’s injuries.

If Foltz dies, the minimums involved will, of course, increase. The term of imprisonment will be set at a minimum of one year, and the fine will increase to a minimum of $25,000.

It is important to stress that Hasselback turned himself in. This past Wednesday around 2:30 pm, Hasselback, his parents, and his attorney met with the police and he surrendered himself into custody at police headquarters.

A Washington resident has filed a series of government claims against several California entities he believes are responsible for his son’s wrongful death in a train accident last year.

64-year-old Charles Isaacson was driving his 1998 Honda on Sept. 15 when he attempted, with the rest of the right-of-way traffic, to cross a section of Caltrain railroad tracks. The cars in front of him stopped to yield for an oncoming fire engine, and the train gates came down, trapping Isaacson. A few moments later, Isaacson’s car was struck by an oncoming train. He was killed in the impact.

According to reports, the train had been traveling at approximately 60 miles per hour at the time of impact. From the time Charles became stuck on the tracks to the impact, there was no way the train could have stopped given the speed it was traveling, the reports say, going on to add that the moment the gates came down, the situation was irrecoverable.

Donald Isaacson, Charles’ father, has filed a number of claims related to the accident. In particular, he has alleged that improper track design was a contributing factor. He argues that the specific setup of the tracks in that location contributed to his son’s death by forming a “trap” that couldn't be escaped, and was therefore unsafe to begin with.

The San Mateo County Board of Supervisors rejected one of Donald’s claims, which is merely the first step in what is sure to be a long legal process. If the other agencies named in Isaacson’s claims make similar rejections, the ground has been laid for a lawsuit to be filed at a future date.

The groups named in the claims include Caltrain, San Mateo County, SamTrans, Redwood City and the engineer of the train that struck Charles’ car. The claims against the city and county were filed because it is possible that they had a hand in designing and maintaining the lights and signals at the crossing. Isaacson’s claims are for unlimited compensation to account for the loss of his son’s financial support.

A $1.775 million settlement was awarded to the woman whose eight-year-old child was killed by a driver treated at a methadone clinic in Vermont.

Erin Lackey and her daughter, Kayla, were driving together when Stephen Fairchild crossed the centerline of the highway. He struck their vehicle causing such damage that in order for Erin to be removed from her car, rescue workers had to use the jaws of life. Kayla was killed on impact, and Fairchild was also pronounced dead at the scene by first responders.

Lackey filed her wrongful death lawsuit against the methadone clinic that treated Fairchild, Community Health Care Inc., a for-profit institution with several treatment centers.

The case revolved around interpretations of a clinic's duty to monitor and coordinate its patients' care and treatments. Central to the argument that the clinic was responsible for the fatal crash was the fact that Fairchild had several methadone clinic drugs in his system at the time of the collision. The drugs include methadone, Klonopin, and trazodone. Each of these drugs has a sedative effect on the central nervous system, and Klonopin can drastically affect visual perception. Either of these factors poses a danger in the operation of a motor vehicle, and combined they are outright deadly.

The clinic contested the suit, claiming that it was most likely Fairchild's own lack of attention or some mechanical defect that caused the accident. The levels of the drugs in his system, combined with the fact that a previous employer had observed Fairchild's poor performance while on the same drugs, defeated this argument.

Many of the drugs used by methadone clinics are part of newer treatments, the effects of which are not fully documented or understood. This case, which is the largest single judgment or wrongful death settlement against a methadone clinic, is sure to set a benchmark in future matters and cases pertaining to the subject.

Two Chicago travelers have filed a lawsuit against the Chicago Transportation Authority after allegedly suffering from smoke inhalation at a Northwest Side 'L' station.

Terry Cookes and Joseph Ellison were riding the 'L' Blue Line train on April 28, 2009. They claim that when the train entered the Logan Square station, smoke was coming from the station's track area and that the smoke began to enter the car of their train. Both are asserting that they suffered injuries from the smoke inhalation and that the CTA was responsible due to negligence.

The suit argues that the CTA driver negligently brought the train into the smoke-filled station. Furthermore, it claims that the CTA did not have proper fans to keep the train cars clear of smoke nor was the smoke properly purged from the subway station. The suit seeks a judgment against the CTA as well as to recover the costs of the suit itself.

The case comes on the heels of several high-profile accidents at the CTA. In 2008, a CTA train operator disobeyed a red light and overrode safety protocols that would automatically halted the train. The operator’s decision lead to a derailment that nearly sent the train off the edge of the platform to the street below.

Since 2005, there have been 13 derailments of CTA-operated 'L' trains. Other train-based transit systems, even those with larger capacities, do not have as many breakdowns or derailments as the Chicago system. Even New York's subway system, which racks up six times as many miles of transit annually, only had seven derailments within the same time that the 'L' racked up 13.

Allegations of poor maintenance procedures, insufficient or inadequate training for drivers, and the age of the 'L' transit equipment continue to raise questions about the system's safety. This new suit is merely the most recent iteration of an issue that is increasingly worrisome.

Marc Gauthier of Salem, Massachusetts, has filed a wrongful death suit against his daughter's boyfriend and the boy's mother. Christopher Maxson was driving his mother's SUV while intoxicated and lost control of the vehicle while speeding. After driving past a stop sign, he collided with parked cars and rolled the SUV, which ejected Julia Gauthier through the sunroof, killing her instantly.

The lawsuit accuses both Maxson and his mother, Margaret, of negligence leading to Julia's death. Christopher is named because of his reckless driving and intoxication, while Margaret was included for negligently entrusting the vehicle to her son. It is unclear if the lawsuit was filed to include Maxson’s mother because Gauthier believes she knew her son was drunk and let him drive anyway, or filed simply under the umbrella of general responsibility.

The wrongful death case is being filed concurrently with the criminal trial that Christopher faces for the drunk driving charges. Gauthier had the suit filed immediately following his daughter's funeral in the hopes of preserving critical evidence that may be present in the SUV itself due to the fact that as more time passes following any incident, the less likely evidence is to be properly preserved.

For his part, Christopher has pled not guilty to the charges against him in the criminal case. These charges include motor vehicle homicide while driving drunk and recklessly, drunken driving, driving to endanger, and failing to stop.

The next hearing on the matter is scheduled for Thursday, April 8. Gauthier's attorney, Eric Finamore, will be present to explain the rationale behind the effort to preserve evidence from the SUV. The Maxson's lawyer will have the opportunity to oppose the measure, though it isn't likely he will do so. As of this time, it is unknown if the Maxsons were made aware that the civil suit had been filed.